These terms and conditions (“Terms”) apply to the use of Cirlinq’s products, websites and services mentioned herein (the “Services”). Cirlinq makes you an offer by enabling you to subscribe to the Services and/or use or order the Services. You expressly and unconditionally accept these Terms and Conditions by creating a Cirlinq account, by using the Services or by continuing to use the Services after you have been informed of a change in these Terms and Conditions. Please read these Terms and Conditions and print them out and keep these Terms and Conditions for your records as Cirlinq does not guarantee that it will keep a copy. Cirlinq is understood to mean: Cirlinq B.V.
In order to create an account on Cirlinq and use our Services, we must collect and process certain information. The information we collect depends on the products and features you use. It may include the following data:
You have the authority to decide on the data that we collect. If you are asked to provide personal information, you may refuse to do so. However, if you choose not to provide information necessary to use our products or services, you may not be able to use it.
We use personally identifiable information only for the purpose of providing and improving the products and services we offer, and for the essential conduct of our business. This includes working with the products, maintaining and improving product performance, including developing new features, research, and providing customer support. Data will remain your property and will only be used anonymously.
Cirlinq makes every effort to protect the security of your personal data. We use a variety of security technologies and procedures to protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide on computer systems that have limited access and are located in secure buildings. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect that information using encryption.
For example, our Services allow you to store or share your Data. We do not claim any ownership rights with respect to this Data. That Data remains your property and you are responsible for it.
a. You represent and warrant that for the duration of these Terms, you have (and will have) all necessary rights to the Content or Data uploaded, stored or shared by you on or through the Services, and that their collection, use and retention through the Services does not violate any rights of others. Although Cirlinq regularly makes backups, it does not guarantee that this is always the latest version of the platform and/or the most recent Data and/or other content. We strongly advise you to make regular backups of your own Data. Cirlinq is not responsible for the aforementioned Content or Data or the material that others upload, store or share through our Services. b. To the extent that it is necessary to provide the Services to you and others (possibly including changing the size, shape or format of Data to better store or display it to you), to protect you and the Services and to improve, provide or extend the products and services of Cirlinq, you grant Cirlinq the right to use the content that you uploaded, stored or shared c. q. Copy, store, transmit, rearrange, distribute through any means of communication and display on or through the Services in an anonymous form. Anonymized data can in no way be traced back to the owner or the object in question.
c. You guarantee that the content or data you uploaded, stored or shared is correct and complete.
a. No content, materials or actions contrary to these Terms are permitted. By agreeing to these Terms, you assume the obligation to abide by these rules:
I. Do not engage in any unlawful acts.
II. Abstain from activities that exploit, harm or threaten to harm children.
III. Do not send spam. Spam refers to large numbers of unwanted, unsolicited email, submissions, contact requests, text messages (sms) or express messages sent.
IV. Do not use the Services to display or share inappropriate Content or other materials (such as exposure, bestiality, pornography, extreme violence, or criminal activity).
V. Abstain from any activity that is false or misleading (e.g., soliciting money under false pretences, impersonating another, or manipulating the Services to falsify game statistics, or affect ratings, ratings, or comments).
VI. Do not intentionally attempt to influence any restrictions on access to or availability of the Services.
VII. Do not engage in any activity that damages you, the Services or others (for example, sending viruses, harassing others, posting terrorist content, making hate speech, or inciting violence against others).
VIII. Do not violate the rights of others (e.g., unauthorized sharing of Data that does not belong to you).
IX. Refrain from activities that violate the privacy of others.
X. Do not assist others in violating these rules.
b. Enforcement. We reserve the right to refuse any Content or Data uploaded, stored or shared by you if i) the restrictions (number of users and square meters for example) as set out in the various subscriptions and for the Service are exceeded, or in the absence of such restrictions ii) there is a violation of Fair Use in which case the average consumption or use per user will be calculated, which result will then serve as a restriction. If you fail to comply with any of the obligations set out under 3(a) above or otherwise violate these Terms, we may take action against you, including (without limitation) stopping the provision of the Services or closing your Cirlinq account with immediate effect, if warranted, or blocking communications (email or express messages) to and from the Services. We also reserve the right at any time to delete or remove any Content or Data uploaded, stored or shared by you from the Services if we are advised that it may violate applicable law or these Terms and Conditions. In investigating suspected violations of these Terms and Conditions, Cirlinq reserves the right to review any Content or Data uploaded, stored or shared by you in order to resolve the matter.
a. Cirlinq account. You need a Cirlinq account to use the Services. With your Cirlinq account you can sign up for products, websites and services provided by Cirlinq.
I. Create an account. You can create a Cirlinq account by logging in online. You agree not to use false, inaccurate or misleading information when signing up for a Cirlinq account. In some cases it is possible that a third party, e.g. your internet service provider, has assigned you a Cirlinq account. If you received your Cirlinq account from a third party, that third party may have additional rights regarding your account, such as accessing or deleting your Cirlinq account. Please read any additional terms and conditions that the third party has provided to you carefully. Cirlinq bears no responsibility with respect to these additional terms and conditions. If you create a Cirlinq account on behalf of an entity, e.g. your company or employer, you represent that you have the legal authority to bind that entity to these Terms and Conditions. You cannot transfer your Cirlinq account to another user or entity. Please keep your account information and password confidential in order to protect your account. You are fully responsible for all activities that take place under your Cirlinq account.
II. Use of the account. Your Cirlinq account will only remain active if you use it and make the corresponding payments on time and in full. If this is not met, your Cirlinq account will be considered inactive and will be closed by us. See article 4(a)(iv)b) for the consequences of closing a Cirlinq account. If we can reasonably assume that your Cirlinq account is being used in a fraudulent or unauthorized manner by a third party (e.g. as a result of an account breach), Cirlinq may suspend your account until you are able to recover ownership of the account. Depending on the nature of the breach, we may be forced to block access to some or all of the Content or Data uploaded, stored or shared. If you have problems accessing your Cirlinq account, you can contact us for support.
III using the contact details provided on the Cirlinq website. By registering, you declare that you are of legal age according to the standards of your country of residence, or have valid authorization.
IV. Close your account.
b. In addition to the right to cancel that you have in accordance with the provisions of the “Refund Policy” section below (Section 9(g)), you may cancel specific Services or close your Cirlinq account at any time and for any reason. You may close your Cirlinq account by sending a request to Cirlinq using the contact information provided on the Cirlinq website. When you ask us to close your Cirlinq account, we will suspend the account for 60 days in case you change your mind. After the 60 day period, your Cirlinq account will be closed. See article 4(a)(iv)(b) below for a detailed explanation of what happens when your Cirlinq account is closed. If you re-register within this 60 day period, your Cirlinq account will be reactivated.
c. When your Services are terminated or your Cirlinq account is closed (either by you or by us), the following happens: First, your right to use the Services and your license to use our Cirlinq Platform including any software associated with the Services will terminate immediately. Secondly, we will delete or otherwise dissociate from you and your Cirlinq account any Content or Data associated with your Cirlinq account that has been uploaded, stored or shared (unless we have a legal obligation to retain it). As a result, you will no longer be able to access the Services (or Your Content stored on the Services) for which you need a Cirlinq account. Provide a regular backup plan. Thirdly, you may lose access to information that you have obtained or to the Content or Data that you have uploaded, stored or shared.
The Services require an Internet connection. You may also need additional equipment. You are solely responsible for the availability of all necessary connections, subscriptions and/or equipment required to use the Services and for paying any fees charged by the provider(s) of your connections, subscriptions and equipment. These costs are in addition to any fees you pay us for the Services. These costs will not be reimbursed by us. Please check with your provider(s) to determine whether such charges apply.
If there is anything important to report with respect to the Service that you are using, we will send you such communications and information required by law to be provided to you through the email address associated with your Cirlinq account.
Customer support for the Services works as follows: If you notice errors or otherwise have a complaint, we kindly ask you to send us a report. You can find the contact details on our website.
a. The Services, Apps and Third Party Services, or materials or products offered through the Services, may from time to time be unavailable, may be offered on a limited basis or may vary depending on your region or equipment.
b. Cirlinq strives to keep the Services accessible at all times. However, all online services occasionally suffer from failures and interruptions due to, for example, force majeure or planned or unplanned maintenance. In the event of failure or disruption of the Service, it is possible that you will not be able to reach the content or Data uploaded, stored or shared. In any case, we recommend that you make a regular backup of the Content or Data you uploaded, stored or shared, regardless of whether you save it with the Cirlinq Services or save it with Apps and Third Party Services.
Updates to the Services or changes to these Terms
a. We will notify you as much as reasonably possible if we change these Terms and Conditions. Among other things, we may change these Terms if reasonably necessary due to (i) applicable law, including but not limited to a change in law; (ii) an opinion and/or court order based on applicable law; (iii) the development of the Services; (iv) technical reasons; (v) operational requirements; or (vi) changes to the Terms in favor of the user. We will notify you of the intended change before it becomes effective, whether by email or other reasonable means. We will give you an opportunity to cancel the Services at least 30 days before the change becomes effective. Your use of the Services after the changes have become effective will signify your full agreement to the new terms. If you do not agree to the new terms, you must stop using the Services and close your Cirlinq account in accordance with Section 4(a)(iv). We will also expressly draw your attention to this fact at the time we inform you of the intended change to these Terms and Conditions.
b. We may automatically check your version of the software. This is necessary to provide the Services and to make software updates or configuration changes, at no charge to you, to update, expand and further develop the Services. It may also be necessary to update the software in order for the Services to continue to be used. Such updates are subject to these Terms unless additional or different terms are provided with the updates, in which case these other terms (including those of Third Parties) will apply. If you do not accept the additional or different terms that apply, you may not receive or use the updates. Cirlinq is under no obligation to make updates or changes available and does not guarantee that we will support the version of the system for which you have purchased a software license.
c. We are continually improving the Services and may at any time change the Services, remove features from them, or discontinue providing access to Third Party Apps and Services, for example, if our agreement with the third party no longer permits us to make their material available, if it is no longer feasible for us to provide the Service, if the technology has evolved, or if customer feedback indicates that a change is necessary. We will notify you in advance if a change in the Services would cause you to lose access to Your Content. In the case of paid Services, we will also give you prior notice of other material changes to the Services. Except to the extent required by applicable law, we have no obligation to make materials or applications previously purchased by you available again for download or to replace them. If we terminate a paid Service in full without cause, we will refund any amounts paid by you in proportion to the remaining portion of the Service to which you were entitled prior to the termination.
Software license. Software provided by us as part of the Services or used by you in the performance of the Services is subject to these Terms and Conditions and/or third party terms and conditions, unless a separate Cirlinq license agreement is entered into.
a. If you comply with these Terms and Conditions, we grant you the right to use our website, the Cirlinq platform and the Software to be used with or for that purpose on a worldwide basis for the agreed use based on the subscription forms as applicable from time to time. The software or web site that is part of the Services may contain third party program code. Scripts or third party code to which a link is included from the Software or from the web site are licensed to you by the third parties that own such code, not by Cirlinq. Communications, if any, relating to the third party program code are only included to inform you.
b. The software is licensed, not sold, and Cirlinq reserves all rights with respect to the software that are not expressly granted by Cirlinq under these Terms and Conditions. This license does not give you the right, and you are not permitted, unless expressly permitted by applicable law, to:
I. circumvent or override technological security measures with respect to the software or Services;
II. disassemble, decompile, decode, hack, emulate, or reverse engineer software or other aspects of the Services incorporated in or accessible through the Services, except and only to the extent expressly permitted by applicable copyright law;
III. separate components of the software or Services for use on different devices;
IV. publish, copy, rent, lease, sell, export, import, distribute or lend the software or Services, unless expressly permitted by Cirlinq;
V. transfer the software, software licenses or rights to access or use the Services;
VI. use the Services in an unauthorized manner that could impede their use by others, or to gain access to a service, data, account or network;
VII. enable access to the Services and/or allow a device authorized by Cirlinq to be used by unauthorized applications of a third party or third parties.
If you purchase a Service, these payment terms apply to your purchase and you agree to be bound by them.
a. Costs. If fees are charged for a particular portion of the Services, you agree to pay those fees. The price listed for the Services includes all applicable taxes, unless otherwise indicated. An overview of the applicable rates or costs can be found on our website. The rates listed there are subject to change and subject to possible printing and typographical errors. Cirlinq therefore reserves the right to change the rates listed there at any time. You are solely responsible for the payment of such taxes and other costs.
After we have notified you that we have not received timely and full payment from you, we may suspend or terminate the Services if you fail to make prompt and full payment. Suspension or termination of the Services due to non-payment may result in loss of access to and use of your account and associated content.
b. Your billing account. At the time you sign up for a Service, you will be prompted to specify a method of payment for the cost of the Service. However, Cirlinq uses the payment services of so-called payment providers such as Mollie.com. By using the Cirlinq Services you agree to make payments through such payment providers. To the use of the services of such parties their general terms and conditions are explicitly applicable. You will find them on the site of the payment provider of your choice.
In addition, you agree that Cirlinq will use updated account information regarding your selected payment method provided by the relevant bank or the applicable payment network. You agree to keep your account and related data accurate and complete and to notify Cirlinq by email (see the website for contact details) of any changes so that we or third parties (payment providers) engaged by us can complete your transactions and contact you if necessary in connection with your transactions. If you instruct us to stop using your payment method and do not offer any other payment method after notification from us to do so within an appropriate period of time, we have reasonable grounds to suspend or terminate your paid Service or not to perform it. Changes you make to your billing account will not affect the charges we made to your billing account before we were reasonably able to process your changes to the billing account.
c. Billing. By providing a method of payment to Cirlinq (i) you represent that you are authorized to use the payment method specified and that you have provided all payment information truthfully and accurately; (ii) you authorize Cirlinq to charge you for the Services or available content through the payment method provided by you; and (iii) you authorize Cirlinq to charge you for paid functionality of the Services for which you choose to sign up or which you choose to use while these Terms and Conditions are in effect. As noted above, we may charge you a fee (a) in advance, (b) at the time of purchase, (c) shortly after purchase or (d) on a recurring basis for subscription services. We may charge you the maximum amount approved by you and we will notify you in advance of any changes to the amount charged periodically for Subscription Services and, in the event of a price change, provide you with an opportunity to cancel the Services before the price change occurs. We may charge you for more than one of the previous billing periods for amounts not previously processed unless this is not permitted by mandatory law.
d. Recurring payments. When you purchase the Services on a subscription basis (e.g., monthly, quarterly or annually (if applicable)), you acknowledge and agree to authorize recurring payments. Payments to Cirlinq will be made using the payment method you have chosen at the recurring intervals to which you have consented, until the subscription to the Service is terminated by you or by Cirlinq. By authorizing recurring payments, you authorize Cirlinq to process such payments as an electronic direct debit or money transfer, or as an electronic debit from your designated account (in the case of an Automated Clearing House or similar payment method), or as a debit from your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed and debited before the beginning of the applicable subscription period. If a payment order is returned unpaid, or if a credit card payment or similar transaction is rejected or rejected, Cirlinq and its service providers reserve the right to charge applicable return, rejection or insufficient balance fees and to process such payment as an Electronic Payment.
e. Automatic renewal. If automatic renewal is allowed in your country, you can choose to automatically renew Services at the end of a fixed service period. Before Services are renewed for a new term, we will send you a reminder by email and notify you of any price changes in accordance with Article 9(k). After we have reminded you that you have opted for automatic renewal of the Services, we may automatically renew the Services at the end of the current service period and charge you the then current price for the renewal period, unless you have opted to terminate the Services, as described below. We will also remind you that we will charge you for the renewal of the Services using your chosen method of payment, whether already notified to us on the renewal date or later. We will also provide you with instructions on how to cancel the Services. You must cancel the Services before the renewal date to avoid being charged for the renewal.
f. Overview and errors. Cirlinq will send you by email an invoice that meets the legal requirements and what has been agreed between you and Cirlinq. You can view and print this invoice. This is the only billing overview we offer. A VAT invoice may be made available, depending on the Service and the country. If we make an error on your invoice, we will correct it as soon as possible after you notify us. It is advisable to notify us within 120 days after an obvious error is first mentioned on your invoice, as it is easier for us to solve a problem during that period.
g. Refund policy. You are entitled to a cooling-off period (a “Cooling-off Period”) of fourteen (14) days from the date of purchase during which you may cancel with or without giving a reason. If the Service is partially provided at the time of cancellation, you will receive a pro rata refund. The Cooling-off Period ends when the Service is fully provided to you. Thereafter, no refunds will be available unless otherwise provided by mandatory law. When you purchase digital content from us, your right to cancel lapses as soon as you begin downloading. Unless otherwise provided by law or in the context of a specific offer for the Service, all purchases of the Services are irrevocable and no refunds will be given. For all Services, information and instructions on how to cancel the Service and apply for a refund using our Withdrawal Form, if you are entitled to a refund, are provided on the Cirlinq account management website.
If you believe that Cirlinq has wrongly charged you, you should contact Cirlinq and we will investigate the matter. If we offer a refund or credit, we are under no obligation to offer the same or a similar refund in the future. This refund policy does not affect your rights under applicable law. Please see our Help topic for more information on refunds.
h. Terminate the Services. The Services are automatically renewed on an annual basis for a period of one (1) year unless it concerns natural persons not acting in the exercise of a profession or business (Consumers as referred to in the Civil Code) in which case Cirlinq observes the legal rules for renewal. Termination of the Services takes place by giving three (3) months’ notice at the end of the current contract period. Please refer to the offer describing the Services, as (i) you may not receive a refund at the time of termination; (ii) you may incur termination fees; (iii) you may be required to pay all fees charged in connection with the Services prior to the date of termination; or (iv) you may lose access to and use of your account if you terminate the Services. If you cancel your Services, your Services will terminate at the end of the current period of the Service or, if we bill you on a periodic basis, at the end of the period in which the cancellation occurred.
i. Price changes. If a fixed term and price applies to the offered Service, then this price remains in force during the term. If you wish to continue with the Services, you will have to agree to a new offer and price. If your Services are offered on a periodic basis (for example, monthly), without a specific term, and are not a trial offer, we may increase the price of the Services on an annual basis, provided we notify you at least 30 days before the change takes effect. You have the option to cancel the Services before the price changes. When we notify you of a price change, we will also notify you that the new price will take effect if you do not cancel the Services.
j. Payments to you. If we owe you a payment, you agree to provide us with accurate and timely information that we need to make that payment to you. You are responsible for any taxes and surcharges that you may incur as a result of making such payment to you. If you mistakenly receive a payment, we may reclaim it. You must also comply with any other conditions we attach to your right to payments. If you wrongly receive a payment, we may reverse the payment or demand a refund. You agree to cooperate with us in this regard. We may also reduce the payment to you without notice due to prior overpayments.
k. Late payments. In the event of late payment, you will be required to pay compensation for reasonable expenses incurred by us in collecting overdue amounts, including attorneys’ fees and other legal costs, subject to what is permitted by law. We may suspend or terminate your Services if you fail to make full payment in a timely manner after we send you a reminder – with a warning that the Services will be suspended and/or terminated – to make your payment within an appropriate time. You may avoid suspension or termination by making the required payment within the period specified in the reminder. Suspension or termination of the Services due to non-payment may result in loss of access to your Cirlinq account.
Dutch law is applicable to the (creation and execution of the) Services. In case of disputes, the Dutch court is authorized to take cognizance thereof to the exclusion of any other court, unless a mandatory provision provides otherwise.
Guarantees. If you are a consumer, you have certain legal rights. These rights include Cirlinq’s obligation to provide the Services with reasonable care and skill. Nothing in these terms and conditions is intended to exclude our liability for any breach thereof by Cirlinq. EXCEPT IN CASES WHERE WE HAVE MALICIOUSLY HIDDEN SHORTCOMINGS OR SHORTCOMINGS HAVE MADE THE USE OF THE SERVICES IMPOSSIBLE, WE PROVIDE THE SERVICES “AS IS”, “WITH ALL SHORTCOMINGS” AND “AS AVAILABLE”. WE DO NOT GUARANTEE THAT THE INFORMATION OF THE SERVICES IS CORRECT OR UP TO DATE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT ERROR-FREE AND MAY OCCASIONALLY EXPERIENCE PERIODS OF DOWNTIME. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, CURRENT, ACCURATE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND SUPPLIERS MAKE NO CONTRACTUAL WARRANTIES. YOU ARE ENTITLED TO ALL MANDATORY WARRANTIES PROVIDED BY LAW, BUT WE MAKE NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROFESSIONAL DILIGENCE AND NON-INFRINGEMENT.
Cirlinq shall not be liable for the completeness, accuracy, scope and quality of any Content or Data, material or materials of third parties uploaded, stored or shared by or on behalf of you, including links to third party websites and activities offered by users. Such content and activities cannot be attributed to Cirlinq and do not represent the views of Cirlinq.
Cirlinq shall not be liable for any direct, indirect, consequential or incidental damages, including, but not limited to, loss of profits or income, business interruption and/or loss of data arising out of or in connection with the use of, the unavailability for use of, or the reliance on, the content of this web site or any linked web site or the provision of the products or services by or on behalf of Cirlinq. If and to the extent that despite the foregoing liability is irrevocably established in law, Cirlinq’s liability for damages shall never exceed EUR 500 (five hundred euros).
Cirlinq shall not be responsible or liable for any failure or delay in the performance of its obligations under these Terms and Conditions to the extent that such failure or delay is caused by circumstances beyond Cirlinq’s reasonable control (such as labour disputes, natural disasters, war or terrorist activities, vandalism, accidents or compliance with applicable law or governmental orders). Cirlinq will try to limit the consequences of these events as much as possible and to carry out the obligations not affected by the circumstances.
The conditions in articles 1 to 12 also apply to specific services of Cirlinq such as Data services or the giving of workshops, courses and the like. This article contains any Service specific terms and conditions that apply in addition to the general terms and conditions.
If and to the extent provided by Cirlinq Data Services, Cirlinq does not guarantee the completeness and correctness of the Data. These Data do not belong to Cirlinq but to third parties for whom Cirlinq has no responsibility and over whom Cirlinq has no influence on the Data. Cirlinq does not guarantee that the use of the Data is suitable for the purpose intended by the customer of the Data. Cirlinq is therefore not responsible for the delivery of the Data and the use of the Data by the customer.
If a workshop, education, course or training is provided by or on behalf of Cirlinq, Cirlinq may always require payment prior to its commencement. The consequences of a cancellation of participation in a workshop, education, course or training will be governed by what the parties have agreed upon in writing, or in the absence thereof will be governed by the following regulation:
If, in the sole opinion of Cirlinq, the number of registrations gives cause to do so, it is entitled to combine the workshop, education, course, training with one or more other workshops, educations, courses or trainings, or to have these take place at a later date or time. If and in so far as Cirlinq decides to do so, it is not entitled to a refund and/or reduction and/or reimbursement of workshop, education, course or training costs.
Cirlinq 3 November 2020